63355-1:n:02/11/2004:FC/tnh LRS2004-807




HB598
By Representative Perdue
RFD Jefferson County Legislation
Rd 1 11-MAR-04


A BILL
TO BE ENTITLED
AN ACT

To alter, rearrange, and extend the boundary lines and corporate limits of the City of Irondale in Jefferson County; and to provide a referendum.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The boundary lines and corporate limits of the City of Irondale in Jefferson County are altered, rearranged, and extended to include within the corporate limits of the city, in addition to the lands now included, all of the following territory:

The Rex Lake Fire District described as that part of Jefferson County, Alabama lying South and East of Interstate (I-459), South and West of Interstate (I-20), West of the City of Leeds, North and West of the South Boundary Lines of Jefferson County, North and East of U.S. Highway 280 and excluding any property presently located within another Fire District Boundary or Service Area. The above being more particularly described as follows:

All those properties lying in Sec. 21 Twp. 17S R1W and located in the SE 1/4 of NE 1/4 East of I-459 and South of I-20, also those properties in the SE 1/4 of the SW 1/4 lying Southeasterly of I-459 and not in the City Limits of Irondale.

Also those properties in Sec 22 Two 17S R1W located in the N 1/2 of the NE 1/4 not within the City Limits of Birmingham or Leeds, also those properties in the E 1/2 of the NW 1/4 and the SW 1/4 of NW 1/4 not within the City Limits of Irondale and all of the SW 1/4.

Also those properties in Sec 22 Two 17S R1W located in the N 1/2 of the NE 1/4 not within the City Limits of Birmingham or Leeds, also those properties in the E 1/2 of the NW 1/4 and the SW 1/4 of NW 1/4 not within the City Limits of Irondale and all of the SW 1/4.

Also those properties in Sec 25 Twp 17S R1W located in the NE 1/4 and in the NW 1/4 and in the SW 1/4 and in the N 1/2 of the SE 1/4 not in the City Limits of Leeds.

Also those properties in Sec 26 Twp 17S R1W.

Also those properties in Sec 27 Twp 17S R1W located in the E 1/2 of the NE 1/4 not within the City Limits of Birmingham and the E 1/2 of SW 1.4 and the SW 1/4 of SW 1/4 and the SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 28 Twp 17S R1W located in the SW 1/4 of NE 1/4 and the S 1/2 of NW 1/4 and the SW 1/4 and the NW diagonal of the SE 1/4.

Also those properties in Sec 29 Twp 17S R1W located in the SE 1/4 of NE 1/4 lying South of I-459 and in the S 1/2 of SW 1/4 not within the City Limits of Irondale or Vestavia and in the N 1/2 of SE 1/4 lying Southerly from I-459 not within the City Limits of Irondale and in the S 1/2 of SE 1/4 not within the City Limits of Irondale.

Also those properties in Sec 31 Twp 17S R1W located in the N 1/2 of SW 1/4 lying Southeasterly of I-459 not within the City Limits of Irondale and in the S 1/2 of SW 1/4 not within the City Limits of Irondale or Birmingham and in the N 1/2 of the SE 1/4 and in the S 1/2 of SE 1/4 not within the City Limits of Irondale or Vestavia.

Also those properties in Sec 36 Twp 17S R2W located in the SE 1/4 of SE 1/4 lying Southeasterly of I-459 and not in the City Limits of Irondale.

Also those properties in Sec 32 Twp 17S R1W located in the NE 1/4 of NE 1/4 and in the NW 1/4 of NE 1/4 not within the City of Irondale and on the S 1/2 of NE 1/4 and in the E 1/2 of NW 1/4 and in the W 1/2 of NW 1/4 not within the City Limits of Irondale and in the N 1/2 of the SW 1/4 and the SW 1/4 of the SW 1/4 and in the SE 1/4.

Also those properties in Sec 33 Twp 17S R1W located in the E 1/2 of NE 1/4 and in the NW 1/4 and in the SW 1/4 and in the SW 1/4 and in the E 1/2 of the SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 34 Twp 17S R1W located in the NE 1/4 not within the City Limits of Birmingham and in the NW 1/4 and in the SW 1/4 Not within the City Limits of Birmingham and in the SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 35 Twp 17S R1W located in the E 1/2 of NE 1/4 not within the City Limits of Birmingham and in the W 1/2 of NE 1/4 and in the NW 1.4 and in the NE 1/4 of SW 1/4 and in the W 1/2 of SW 1/4 not within the City Limits of Birmingham and in the SE 1/4 of SW 1/4 not within the City Limits of Birmingham and in the SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 36 Twp 17S R1W located in the E 1/2 of NW 1/4 not within the City Limits of Leeds and in the W 1/2 of NW 1/4 and in the E 1/2 of SW 1/4 and in the W 1/2 of SW 1/4 not within the City Limits of Birmingham and in the W 1/2 of SE 1/4 not within the City Limits of Leeds.

Also those properties in Sec 30 Twp 17S R1E located in the W 1/2 of NW 1/4 and in the SW 1/4 not within the City Limits of Leeds and lying West thereof.

Also those properties in Sec 31 Twp 17S R1E located in the SE 1/4 of SE 1/4 not within the City Limits of Leeds and North of the South Boundary Line of Jefferson County.

Also those properties in Sec 1 Twp 18S R1W located in the SE 1/4 of SW 1/4 not within the City Limits of Birmingham and in the S 1/2 of SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 2 Twp 18S R1W located in the NE 1/4 not within the City Limits of Leeds and lying West thereof and in the E 1/2 of NW 1/4 not within the City Limits of Birmingham and in the SW 1/4 not within the City Limits of Birmingham and in the E 1/2 of SE 1/4 and in the W 1/2 of SE 1/4 not within the City Limits of Leeds or Birmingham.

Also those properties in Sec 3 Twp 18S R1W located in the NE 1/4 and in the NW 1/4 and in the SW 1/4 and in the NW 1/4 of SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 3 Twp 18S R1W located in the NE 1/4 and in the NW 1/4 and in the SW 1/4 and in the NW 1/4 of SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 5 Twp 18S R1W located in the NE 1/4 of NE 1/4 not within the City Limits of Birmingham and the NW 1/4 of NW 1/4 not within the City Limits of Birmingham or Vestavia.

Also those properties in Sec 6 Twp 18S R1W located in the N 1/2 of NE 1/4 not within the City Limits of Birmingham, Vestavia or Irondale and in the SW 1/4 of NW 1/4 not within the City Limits of Irondale and in the NW 1/4 of SW 1/4 not within the City Limits of Irondale or Birmingham.

Also those properties in Sec 7 Twp 18S R2W located in the E 1/2 of NE 1/4 and in the NW 1/4 of NE 1/4 not within the City Limits of Irondale or Birmingham and in the S 1/2 of SE 1/4 not in the City Limits of Birmingham.

Also those properties in Sec 8 Twp 18S R1W located in the N 1/2 of NE 1/4 and in the S 1/2 of NE 1/4 not within the City Limits of Birmingham and in the E 1/2 of NW 1/4 and in the W 1/2 of NW 1/4 not in the City Limits of Vestavia and in the S 1/2 of SW 1/4 and in the SW 1/4 of SE 1/4.

Also those properties in Sec 9 Twp 18S R1W located in the NW 1/4 of NE 1/4 not within the City Limits of Birmingham and in the E 1/2 of NW 1/4 and in the W 1/2 of NW 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 10 Twp 18S R1W located in the SW 1/4 of SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 11 Twp 18S R1W located in the NE 1/4 not in the City Limits of Birmingham or Leeds and in the SW 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 12 Twp 18S R1W located in the NE 1/4 and in the NW 1/4 of NW 1/4 not within the City Limits of Birmingham or Leeds and in the NE 1/4 of SW 1/4 and in the S 1/2 of SW 1/4.

Also those properties in Sec 14 Twp 18S R1W located in the W 1/2 of NW 1/4 not within the City of Birmingham.

Also those properties in Sec 15 Twp 18S R1W located in the W 1/2 of E 1/2 of NE 1/4 and in the W 1/2 of NE 1/4.

Also those properties in Sec 17 Twp 18S R1W located in the S 1/2 of NW 1/4 not within the City Limits of Birmingham and in the N 1/2 of NW 1/4.

Also those properties in Sec 17 Twp 18S R1W located in the S 1/2 of NW 1/4 not within the City Limits of Birmingham and in the N 1/2 of NW 1/4

Also those properties in Sec 19 Twp 18S R1W located in the N 1/2 of NW 1/4 and in the S 1/2 of NW 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 12 Twp 18S R2W located in the N 1/2 of NE 1/4 not within the City Limits of Vestavia and in the NW 1/4 lying Northerly of the South Boundary of the Cahaba River and the City Limits of Vestavia.

Also those properties in Sec 13 Twp 18S R2W located in the W 1/2 of NE 1/4 and in the E 1/2 of NE 1/4 not within the City Limits of Vestavia and in the NW 1/4 lying Easterly of I-459 not within the City Limits of Birmingham and in the SW 1/4 not within the City Limits of Birmingham and in the SE 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 14 Twp 18S R2W located in the E 1/2 of SE 1/4 lying Easterly of I-459.

Also those properties in Sec 23 Twp 18S R2W located in the NE 1/4 lying Easterly of I-459 and not within the City Limits of Birmingham and in the SW 1/4 lying Southeasterly of I-459 and in the E 1/2 of SE 1/4 not within the Cahaba Heights Fire District.

Also those properties in Sec 24 Twp 18S R2W located in the NE 1/4 not within the City Limits of Birmingham and in the NW 1/4 not within the City Limits of Birmingham and in the N 1/2 of SW 1/4 not within the City Limits of Birmingham.

Also those properties in Sec 25 Twp 18S R2W located in the NW 1/4 of NE 1/4 not within the City Limits of Birmingham and in the SW 1/4 of SW 1/4 not within the City of Birmingham.

Also those properties located in Sec 26 Twp 18S R2W located in the N 1/2 of NW 1/4 not within the City Limits of Birmingham and not within the Cahaba Heights Fire District.

Excluded from this description is any portion, which lies within the corporate limits of any other municipality at the time of its adoption.

Section 2. In accordance with Section 11-42-6(b) of the Code of Alabama 1975, a map showing what territory is proposed to be annexed to the City of Irondale is on file in the office of the Judge of Probate in Jefferson County, Alabama, and the map is open to the inspection of the public.

Section 3. The Judge of Probate of Jefferson County, Alabama, within 20 days of the effective date of this act, shall make and enter an order upon the minutes of the court, directing and ordering a referendum to be held by the qualified electors residing within the territory described above not less than 20 days nor more than 40 days from the date of the making of the order. The judge shall give notice of the holding of the referendum by publication in the newspaper published within Jefferson County and generally distributed in the area sought to be annexed, which notice shall state the date and time when the referendum is to be held, the voting place or places which shall be within the above-described area to be annexed, and the boundaries within which voters are required to reside to vote at the respective voting places, and the notice shall give a description of the territory proposed to be annexed and shall state that a map of the territory is on file in the office of the Judge of Probate of Jefferson County, open to the inspection of the public. In addition, the referendum shall be conducted according to the following specification:

(1) The judge of probate may designate as many places within the territory proposed to be annexed as he or she may deem necessary for the convenience of the voters and shall designate the boundaries within which the voters are required to reside to vote at the respective voting places, and the judge of probate shall appoint three inspectors of election, two clerks, and one returning officer for each voting place. The inspectors shall manage the referendum at the respective voting places at which they are appointed as inspectors.

(2) Each registered, qualified elector who has resided within the boundaries of the territory proposed to be brought into the City of Irondale for three months next preceding the referendum date may vote at the referendum, but shall vote at the voting place designated by the judge of probate for voters in the territory in which he or she resides.

(3) The referendum to determine whether or not the proposed territory shall be brought within the corporate limits shall be conducted in all respects as provided by the general election laws and under the same sanctions and penalties, except as changed by the provisions of this act.

(4) The official ballot will be provided, and it shall have the following words written or printed thereon:

"For annexation into Irondale ( )"

"Against annexation into Irondale ( )"

(5) The inspectors at the respective voting places, as soon as the polls are closed, shall ascertain and certify the results of the referendum at their respective voting places to the judge of probate and deliver the same to the returning officer, who shall at once return the same to the judge of probate, and the judge of probate shall canvass the return as made by the inspectors and if it appears that a majority of the votes cast at the election were "for annexation," the judge shall make and enter an order on the records of the probate court adjudging and decreeing the corporate limits of the City of Irondale to be extended so as to include the territory described in this act and from the time of the entry of the order the territory shall be a part of and within the corporate limits of the City of Irondale.

(6) If it appears that a majority of the votes cast at the referendum are "against annexation," the judge of probate shall make and enter an order on the records of the probate court adjudging and decreeing that a majority of the votes at the referendum were cast against coming into the corporate limits of the City of Irondale and that the territory described and designated in this act and the plat or map attached shall not form a part of or be embraced in the City of Irondale until it may thereafter be brought into the City of Irondale as a part thereof. Also, if the majority are "against annexation," this act shall have no further effect.

(7) The results of the referendum may be contested by any qualified elector voting at the referendum in the manner provided for contest of general municipal elections, making the City of Irondale the contestee. The City of Irondale shall pay all of the costs and expenses incidental to the referendum.

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.


Jefferson County
Irondale
Boundaries
Elections
Fire Protection Districts